Welcome to Blair Realty, the premier resource for all real estate information and service in the Highlands-Cashiers, NC area. Blair Realty was established in Highlands in 1980 and located on Main Street for many years. Please enjoy your visit and explore everything our website has to offer, including all listings in the Highlands-Cashiers Multiple Listing Service,information for buyers & sellers,community information, and more. We look forward to assisting your real estate needs. Visit as often as you like, and contact us for information on any listings in this area. Representing all properties in the Highlands & Cashiers Area.
BLAIR REALTY Est.1980 Wildcat Cliffs Country Club Information Center since1989
Estate planners often recommend Living Trusts as a viable option when contemplating the manner in which to hold title to real property. When a property is held in a Living Trust, title companies have particular requirements to facilitate the transaction. While not comprehensive, answers to many commonly asked questions are below. If you have questions that are not answered below, your title company representative may be able to assist you, however, one may wish to seek legal counsel.
Who are the parties to a Trust?
A Family Trust is a typical trust in which the Husband and Wife are the Trustees and their children are the Beneficiaries. Those who establish the trust and transfer their property into it are known as Trustors or Settlors. The settlors usually appoint themselves as Trustees and they are the primary beneficiaries during their lifetime. After their passing, their children and grandchildren usually become the primary beneficiaries if the trust is to survive, or the beneficiaries receive distributions directly from the trust if it is to close out.
What is a Living Trust?
Sometimes called an Inter-vivos Trust, the Living Trust is created during the lifetime of the Settlors (as opposed to being created by their Wills after death) and usually terminates after they die and the body of the Trust is distributed to their beneficiaries.
Can a Trust hold title to Real Property?
No, the Trustee holds the property on behalf of the Trust.
Is a Trust the best way to hold my property?
Only your attorney or accountant can answer that question. Some common reasons for holding property in a Trust are to minimize or postpone death taxes, to avoid a time consuming probate, and/or to shield property from attack by certain unsecured creditors.
What taxes can I avoid by putting my property in trust?
Married persons can usually exempt a significant part of their assets from taxation and may postpone taxes after the first of them to die passes. You should check with your attorney or accountant before taking any action.
Can I homestead property that is held in a Trust?
Yes, if the property otherwise qualifies.
Can a Trustee borrow money against the property?
A Trustee can take any action permitted by the terms of the Trust, and the typical Trust Agreement does give the Trustee the authority to borrow and encumber real property. However, not all lenders will lend on a property held in trust, so check with your lender first.
Can someone else hold title for me “in trust?”
Some people who do not wish their names to show as titleholders make private arrangements with a third party Trustee; however, such an arrangement may be illegal, and is always inadvisable because the Trustee of record is the only one who is empowered to convey, or borrow against, the property, and a Title Insurer cannot protect you from a Trustee who is not acting in accordance with your wishes despite the existence of a private agreement you have with the Trustee.
I was impressed with Margaret & Blair from the moment we met. Their office is beautiful and very unique! Their knowledge of the area was terrific. As a native of Atlanta, I was familiar with the Highlands area, but no expert. They listened to me and helped me determine what was most important in my home selection.They directed me to properties that were right for our family rather than trying to sell me something in a specific club or one of their own listings. I felt like they were working in my best interest. I recommend them to anyone exploring the area. bbjclemsonfan
Great experience. They were very helpful from showing properties through the closing. Recommend them highly to anyone interested in property. They understand what you are looking for and do not waste your time showing you things that they know will not work for you. Susan & John Wiener